Section 1. That sections 125.22, 2151.421, 2317.02,
4757.01, | 10 |
4757.02,
4757.03, 4757.04,
4757.05, 4757.06, 4757.07,
4757.10, | 11 |
4757.11, 4757.12,
4757.15, 4757.16, 4757.17, 4757.18,
4757.19, | 12 |
4757.22, 4757.23, 4757.27,
4757.28, 4757.29, 4757.31,
4757.32, | 13 |
4757.33, 4757.34, 4757.36, 4757.38, and
4757.43 be
amended and | 14 |
sections 4757.30, 4757.301, 4757.361, and 4757.44 of the Revised | 15 |
Code be
enacted to read as follows: | 16 |
(E) Each board or commission named in division (A) of this | 71 |
section and any other board or commission requesting services
from | 72 |
the agency shall pay these fees to the agency from the
general | 73 |
revenue fund maintenance account of the board or
commission or | 74 |
from such other fund as the operating expenses of
the board or | 75 |
commission are paid. Any amounts set aside for a
fiscal year by a | 76 |
board or commission to allow for the payment of
fees shall be used | 77 |
only for the services performed by the agency
in that fiscal year. | 78 |
All receipts collected by the agency shall
be deposited in the | 79 |
state treasury to the credit of the central
service agency fund, | 80 |
which is hereby created. All expenses
incurred by the agency in | 81 |
performing services for the boards or
commissions shall be paid | 82 |
from the fund. | 83 |
Sec. 2151.421. (A)(1)(a) No person described in division | 87 |
(A)(1)(b) of this section who is acting in an
official or | 88 |
professional capacity and knows or suspects that a child under | 89 |
eighteen years of age or a mentally
retarded, developmentally | 90 |
disabled, or physically impaired child under
twenty-one years of | 91 |
age has suffered or faces a
threat of suffering any physical or | 92 |
mental wound, injury,
disability, or condition of a nature that | 93 |
reasonably indicates
abuse or neglect of the child, shall fail to | 94 |
immediately report
that knowledge or suspicion to the public | 95 |
children services agency or a municipal or
county peace officer in | 96 |
the county in which the child resides or
in which the abuse or | 97 |
neglect is occurring or has occurred. | 98 |
(b) Division (A)(1)(a)
of this section applies to any person | 99 |
who is an attorney;
physician, including a hospital intern or | 100 |
resident; dentist;
podiatrist; practitioner of a limited branch of | 101 |
medicine
as specified in section 4731.15 of the Revised
Code; | 102 |
registered nurse;
licensed practical nurse; visiting nurse; other | 103 |
health care
professional; licensed psychologist; licensed school | 104 |
psychologist;
independent marriage and family therapist or | 105 |
marriage and family therapist; speech pathologist or audiologist; | 106 |
coroner;
administrator or employee of a child day-care center; | 107 |
administrator or
employee of a residential camp or child day camp; | 108 |
administrator or employee of a certified child care agency or | 109 |
other public or private children services agency; school
teacher; | 110 |
school employee; school authority; person engaged in
social work | 111 |
or the practice of professional counseling; or a
person rendering | 112 |
spiritual treatment through prayer in
accordance with the tenets | 113 |
of a well-recognized religion. | 114 |
(2) An attorney or a physician is not required to make a | 115 |
report
pursuant
to division (A)(1) of this section concerning any | 116 |
communication
the attorney or physician
receives from a
client or | 117 |
patient in an attorney-client or physician-patient
relationship, | 118 |
if, in accordance with division (A) or (B)
of section
2317.02 of | 119 |
the Revised Code, the attorney or physician could not
testify with | 120 |
respect to that communication in a civil or criminal proceeding, | 121 |
except that the client or patient is deemed to have waived any | 122 |
testimonial
privilege under division (A) or (B) of section 2317.02 | 123 |
of the
Revised
Code with respect to that communication and the | 124 |
attorney or physician
shall
make a report pursuant to division | 125 |
(A)(1) of this section with
respect to that communication, if all | 126 |
of the following apply: | 127 |
(b) The attorney or physician knows or suspects, as a result | 132 |
of the
communication or any observations made during that | 133 |
communication,
that the client or patient has suffered or faces a | 134 |
threat of suffering
any
physical or mental wound, injury, | 135 |
disability, or condition of a
nature that reasonably indicates | 136 |
abuse or neglect of the client or
patient. | 137 |
(B) Anyone, who knows or suspects that a child under | 142 |
eighteen years of age or a mentally
retarded, developmentally | 143 |
disabled, or physically impaired person
under twenty-one years of | 144 |
age has suffered or faces a
threat of suffering any physical or | 145 |
mental wound, injury,
disability, or other condition of a nature | 146 |
that reasonably
indicates abuse or neglect of the child, may | 147 |
report or cause
reports to be made of that knowledge or suspicion | 148 |
to the public
children services agency or to a municipal
or
county | 149 |
peace officer. | 150 |
(E) No township, municipal, or county peace officer shall | 179 |
remove a child
about whom a report is made pursuant to this | 180 |
section from the child's parents,
stepparents, or guardian or any | 181 |
other persons having custody of the child
without consultation | 182 |
with the
public children services agency, unless,
in
the judgment | 183 |
of the officer, and, if the
report was made by physician, the | 184 |
physician,
immediate removal is considered essential to protect | 185 |
the child
from further abuse or neglect.
The agency that
must be | 186 |
consulted shall be the agency conducting the
investigation of the | 187 |
report as determined pursuant to section
2151.422 of the Revised | 188 |
Code. | 189 |
(F)(1) Except as
provided in section 2151.422 of the Revised | 190 |
Code, the public
children
services agency shall investigate, | 191 |
within twenty-four
hours, each
report of known or suspected child | 192 |
abuse or child neglect and of
a known or suspected threat of child | 193 |
abuse or child neglect that
is referred to it under this section | 194 |
to determine the
circumstances surrounding the injuries, abuse, or | 195 |
neglect or the
threat of injury, abuse, or neglect, the cause of | 196 |
the injuries,
abuse, neglect, or threat, and the person or persons | 197 |
responsible.
The investigation shall be made in cooperation with | 198 |
the law
enforcement agency and in accordance with the memorandum | 199 |
of understanding
prepared under
division (J) of this section. A | 200 |
failure to make the investigation in accordance with the | 201 |
memorandum is
not grounds for, and shall not result in,
the | 202 |
dismissal of any charges or complaint arising from the report or | 203 |
the suppression of any evidence obtained as a result of the
report | 204 |
and does not give, and shall not be construed as giving,
any | 205 |
rights or any grounds for appeal or post-conviction relief to
any | 206 |
person. The public
children
services agency shall report each | 207 |
case to a central
registry which
the department of job and family | 208 |
services
shall maintain in order to
determine whether prior | 209 |
reports have been made in other counties
concerning the child or | 210 |
other principals in the case. The
public children services agency | 211 |
shall submit a report of its
investigation,
in writing, to the law | 212 |
enforcement agency. | 213 |
(G)(1)(a) Except as provided in division (H)(3) of this | 218 |
section, anyone or any hospital, institution, school, health | 219 |
department, or agency participating in the making of reports
under | 220 |
division (A) of this section, anyone or any hospital,
institution, | 221 |
school, health department, or agency participating
in good faith | 222 |
in the making of reports under division (B) of this
section, and | 223 |
anyone participating in good faith in a judicial
proceeding | 224 |
resulting from the reports, shall be immune from any
civil or | 225 |
criminal liability for injury, death, or loss to person
or | 226 |
property that otherwise might be incurred or imposed as a
result | 227 |
of the making of the reports or the participation in the
judicial | 228 |
proceeding. | 229 |
(2) In any civil or criminal action or proceeding in which | 236 |
it is alleged and proved that participation in the making of a | 237 |
report under this section was not in good faith or participation | 238 |
in a judicial proceeding resulting from a report made under this | 239 |
section was not in good faith, the court shall award the | 240 |
prevailing party reasonable attorney's fees and costs and, if a | 241 |
civil action or proceeding is voluntarily dismissed, may award | 242 |
reasonable attorney's fees and costs to the party against whom
the | 243 |
civil action or proceeding is brought. | 244 |
(H)(1) Except as provided in divisions (H)(4),
(M), and (N) | 245 |
of this
section, a report made under this section is confidential. | 246 |
The information provided in a report made pursuant to this
section | 247 |
and the name of the person who made the report shall not
be | 248 |
released for use, and shall not be used, as evidence in any
civil | 249 |
action or proceeding brought against the person who made
the | 250 |
report. In a criminal proceeding, the report is admissible
in | 251 |
evidence in accordance with the Rules of Evidence and is
subject | 252 |
to discovery in accordance with the Rules of Criminal
Procedure. | 253 |
(4) If a report is made pursuant to division (A) or
(B) of | 262 |
this section and the child who is the subject of the report
dies | 263 |
for any reason at any time after the report is made, but before | 264 |
the child
attains eighteen years of age, the public
children | 265 |
services agency or municipal or county peace officer to which the | 266 |
report was made or referred, on the request of the child fatality | 267 |
review
board,
shall submit a summary sheet of information | 268 |
providing a summary of the
report to the review board of the | 269 |
county in which the deceased
child resided at the time of death. | 270 |
On the request of the review
board, the agency or peace officer | 271 |
may, at its discretion, make
the report available to the review | 272 |
board. | 273 |
(I) Any report that is required by this section shall
result | 281 |
in protective services and emergency supportive services
being | 282 |
made available by the public children services
agency on behalf of | 283 |
the children about whom
the report is made, in an effort to | 284 |
prevent further neglect or
abuse, to enhance their welfare, and, | 285 |
whenever possible, to
preserve the family unit intact.
The agency | 286 |
required to provide the services shall be the agency conducting | 287 |
the investigation of the report pursuant to section 2151.422 of | 288 |
the Revised
Code. | 289 |
(2) A memorandum of understanding shall set forth the normal | 309 |
operating procedure to be employed by
all concerned officials in | 310 |
the execution of their respective
responsibilities under this | 311 |
section and division (C) of section
2919.21, division (B)(1) of | 312 |
section 2919.22, division (B) of
section 2919.23, and section | 313 |
2919.24 of the Revised Code and
shall have as two of its primary | 314 |
goals the elimination of all
unnecessary interviews of children | 315 |
who are the subject of reports
made pursuant to division (A) or | 316 |
(B) of this section and, when
feasible, providing for only one | 317 |
interview of a child who is the
subject of any report made | 318 |
pursuant to division (A) or (B) of
this section. A failure to | 319 |
follow the procedure set forth in the
memorandum by
the concerned | 320 |
officials is not grounds for, and shall not result in, the | 321 |
dismissal of any charges or complaint arising from any reported | 322 |
case of abuse or neglect or the suppression of any evidence | 323 |
obtained as a result of any reported child abuse or child neglect | 324 |
and does not give, and shall not be construed as giving, any | 325 |
rights or any grounds for appeal or post-conviction relief to any | 326 |
person. | 327 |
(b) Standards and procedures to be used in handling and | 332 |
coordinating investigations of reported cases of child abuse and | 333 |
reported cases of child neglect, methods to be used in | 334 |
interviewing the child who is the subject of the report and who | 335 |
allegedly was abused or neglected, and standards and procedures | 336 |
addressing the categories of persons who may interview the child | 337 |
who is the subject of the report and who allegedly was abused or | 338 |
neglected. | 339 |
When a municipal or county peace officer or employee of a | 361 |
public children services
agency
receives a report pursuant to | 362 |
division (A) or
(B) of this section the recipient of the report | 363 |
shall inform the person of the
right to request the
information | 364 |
described in division (K)(1) of this section. The recipient of | 365 |
the report shall include in the initial child abuse or child | 366 |
neglect
report that the person making the report was so informed | 367 |
and, if
provided at the time of the making of the report, shall | 368 |
include
the person's name, address, and telephone number in the | 369 |
report. | 370 |
Each request is subject to verification of the identity of | 371 |
the person making
the
report. If that person's
identity is | 372 |
verified, the agency shall
provide the person with
the information | 373 |
described in division (K)(1) of this section
a reasonable number | 374 |
of times, except that the agency shall not disclose
any | 375 |
confidential information
regarding the child who is the subject of | 376 |
the report other than
the information described in those | 377 |
divisions. | 378 |
(L) The director of job and
family services shall
adopt | 387 |
rules in accordance
with Chapter 119. of the Revised Code to | 388 |
implement this section. The department of job and family services | 389 |
may
enter into a
plan of cooperation with
any other governmental | 390 |
entity to aid in ensuring that children
are protected from abuse | 391 |
and neglect. The department shall make
recommendations to the | 392 |
attorney general that the department
determines are necessary to | 393 |
protect children from child abuse and
child neglect. | 394 |
(M) No later than the end of the day
following the day on | 395 |
which a public children services agency
receives a report of | 396 |
alleged child abuse or child
neglect, or a report of an alleged | 397 |
threat of child abuse or child
neglect, that allegedly occurred in | 398 |
or involved an out-of-home
care entity, the agency shall provide | 399 |
written notice
of the allegations contained in and the person | 400 |
named as the alleged
perpetrator in the report to the | 401 |
administrator, director, or other chief
administrative officer of | 402 |
the out-of-home care entity that is the
subject of the report | 403 |
unless the administrator, director, or
other chief administrative | 404 |
officer is named as an alleged
perpetrator in the report. If the | 405 |
administrator, director, or
other chief administrative officer of | 406 |
an out-of-home care entity
is named as an alleged perpetrator in a | 407 |
report of alleged child
abuse or child neglect, or a report of an | 408 |
alleged threat of child
abuse or child neglect, that allegedly | 409 |
occurred in or involved
the out-of-home care entity, the agency | 410 |
shall provide the written notice
to
the owner or governing board | 411 |
of the out-of-home care entity that
is the subject of the report. | 412 |
The agency
shall not provide
witness statements or police or other | 413 |
investigative reports. | 414 |
(N) No later than three days after the day on
which a public | 415 |
children services agency that
conducted the investigation as | 416 |
determined pursuant to section 2151.422
of the Revised Code makes | 417 |
a
disposition of an investigation involving a report of alleged | 418 |
child abuse or child neglect, or a report of an alleged threat of | 419 |
child abuse or child neglect, that allegedly occurred in or | 420 |
involved an out-of-home care entity, the
agency
shall send written | 421 |
notice of the disposition of the
investigation to the | 422 |
administrator, director, or other chief
administrative officer and | 423 |
the owner or governing board of the
out-of-home care entity. The | 424 |
agency shall
not provide witness
statements or police or other | 425 |
investigative reports. | 426 |
(A) An attorney, concerning a communication made to the | 429 |
attorney by a client in that relation or the
attorney's advice to | 430 |
a client, except
that the attorney may testify by express consent | 431 |
of the client
or, if the client is deceased, by the express | 432 |
consent of the
surviving spouse or the executor or administrator | 433 |
of the estate
of the deceased client and except that, if the | 434 |
client voluntarily
testifies or is deemed by section 2151.421 of | 435 |
the Revised Code to
have waived any testimonial privilege under | 436 |
this division, the
attorney may be compelled to testify on the | 437 |
same subject; | 438 |
(B)(1) A physician or a dentist concerning a communication | 439 |
made to the physician or dentist by a patient in that relation or | 440 |
the
physician's or dentist's advice to a
patient, except as | 441 |
otherwise provided in this division, division (B)(2), and
division | 442 |
(B)(3) of this section, and except that, if the patient
is deemed | 443 |
by section 2151.421 of the Revised Code to have waived
any | 444 |
testimonial privilege under this division, the physician may
be | 445 |
compelled to testify on the same subject. | 446 |
(iii) If a medical claim, dental claim, chiropractic
claim, | 459 |
or optometric claim, as defined in section 2305.11 of the
Revised | 460 |
Code, an action for wrongful death, any other type of
civil | 461 |
action, or a claim under Chapter 4123. of the Revised Code
is | 462 |
filed by the patient, the personal representative of the
estate of | 463 |
the patient if deceased, or the patient's guardian
or other legal | 464 |
representative. | 465 |
(b) In any civil action concerning court-ordered treatment | 466 |
or services
received by a patient, if the court-ordered treatment | 467 |
or services were ordered
as part of a case plan journalized under | 468 |
section 2151.412 of the Revised Code or the
court-ordered | 469 |
treatment or services are necessary or relevant to dependency, | 470 |
neglect, or abuse or temporary or permanent custody proceedings | 471 |
under
Chapter 2151. of the Revised Code. | 472 |
(d) In any criminal action against a physician
or dentist. | 478 |
In such an action, the testimonial privilege
established under | 479 |
this division does not prohibit the admission
into evidence, in | 480 |
accordance with the
Rules of
Evidence, of a patient's
medical or | 481 |
dental records or other communications between a
patient and the | 482 |
physician or dentist that are related to the
action and obtained | 483 |
by subpoena, search warrant, or other lawful
means. A court that | 484 |
permits or compels a physician or dentist
to testify in such an | 485 |
action or permits the introduction into
evidence of patient | 486 |
records or other communications in such an
action shall require | 487 |
that appropriate measures be taken to
ensure that the | 488 |
confidentiality of any patient named or
otherwise identified in | 489 |
the records is maintained. Measures to
ensure confidentiality | 490 |
that may be taken by the court include
sealing its records or | 491 |
deleting specific information from its
records. | 492 |
(2)(a) If any law enforcement officer submits a written | 493 |
statement to a health
care provider that states that an official | 494 |
criminal investigation has begun
regarding a specified person or | 495 |
that a criminal action or proceeding has been
commenced against a | 496 |
specified person, that requests the provider to supply to
the | 497 |
officer copies of any records the provider possesses that pertain | 498 |
to any
test or the results of any test administered to the | 499 |
specified person to
determine the presence or concentration of | 500 |
alcohol, a drug of abuse, or alcohol
and a drug of abuse in the | 501 |
person's blood, breath, or urine at any time
relevant to the | 502 |
criminal offense in question, and that conforms to section | 503 |
2317.022 of the Revised Code, the provider, except to the extent | 504 |
specifically
prohibited by any law of this state or of the United | 505 |
States, shall supply to
the officer a copy of any of the requested | 506 |
records the provider possesses. If
the health care provider does | 507 |
not possess any of the requested records, the
provider shall give | 508 |
the officer a written statement that indicates that the
provider | 509 |
does not possess any of the requested records. | 510 |
(b) If a health care provider possesses any records of the | 511 |
type described in
division (B)(2)(a) of this section regarding the | 512 |
person in question at any
time relevant to the criminal offense in | 513 |
question, in lieu of personally
testifying as to the results of | 514 |
the test in question, the custodian of the
records may submit a | 515 |
certified copy of the records, and, upon its submission,
the | 516 |
certified copy is qualified as authentic evidence and may be | 517 |
admitted as
evidence in accordance with the Rules of Evidence. | 518 |
Division (A) of section
2317.422 of the Revised Code does not | 519 |
apply to any certified copy of records
submitted in accordance | 520 |
with this division. Nothing in this division shall be
construed | 521 |
to limit the right of any party to call as a witness the person | 522 |
who
administered the test to which the records pertain, the person | 523 |
under whose
supervision the test was administered, the custodian | 524 |
of the records, the
person who made the records, or the person | 525 |
under whose supervision the records
were made. | 526 |
(3)(a) If the testimonial privilege described in division | 527 |
(B)(1) of this section does not apply as provided in division | 528 |
(B)(1)(a)(iii) of this section, a physician or dentist may be | 529 |
compelled to testify or to submit to discovery under the Rules of | 530 |
Civil Procedure only as to a communication made to the physician | 531 |
or dentist by the patient in question in that relation, or the | 532 |
physician's or
dentist's advice to the
patient in question, that | 533 |
related causally or historically to
physical or mental injuries | 534 |
that are relevant to issues in the
medical claim, dental claim, | 535 |
chiropractic claim, or optometric
claim, action for wrongful | 536 |
death, other civil action, or claim
under Chapter 4123. of the | 537 |
Revised Code. | 538 |
(b) If the testimonial privilege described in division | 539 |
(B)(1) of this section
does not apply to a physician or dentist as | 540 |
provided in division
(B)(1)(c) of
this section, the physician or | 541 |
dentist, in lieu of personally testifying as to
the results of the | 542 |
test in question, may submit a certified copy of those
results, | 543 |
and, upon its submission, the certified copy is qualified as | 544 |
authentic
evidence and may be admitted as evidence in accordance | 545 |
with the Rules of
Evidence. Division (A) of section 2317.422 of | 546 |
the Revised Code does not apply
to any certified copy of results | 547 |
submitted in accordance with this division.
Nothing in this | 548 |
division shall be construed to limit the right of any party to | 549 |
call as a witness the person who administered the test in | 550 |
question, the person
under whose supervision the test was | 551 |
administered, the custodian of the
results
of the test, the person | 552 |
who compiled the results, or the person under whose
supervision | 553 |
the results were compiled. | 554 |
(5)(a) As used in divisions (B)(1) to (4) of this
section, | 560 |
"communication" means acquiring, recording, or transmitting any | 561 |
information, in any manner, concerning any facts, opinions, or | 562 |
statements necessary to enable a physician or dentist to
diagnose, | 563 |
treat, prescribe, or act for a patient. A
"communication" may | 564 |
include, but is not limited to, any medical
or dental, office, or | 565 |
hospital communication such as a record,
chart, letter, | 566 |
memorandum, laboratory test and results, x-ray,
photograph, | 567 |
financial statement, diagnosis, or prognosis. | 568 |
(i)
"Ambulatory care facility" means a facility that
provides | 574 |
medical, diagnostic, or surgical treatment to patients
who do not | 575 |
require hospitalization, including a dialysis center,
ambulatory | 576 |
surgical facility, cardiac catheterization facility,
diagnostic | 577 |
imaging center, extracorporeal shock wave lithotripsy
center, home | 578 |
health agency, inpatient hospice, birthing center,
radiation | 579 |
therapy center, emergency facility, and an urgent care
center. | 580 |
"Ambulatory health care facility" does not include the
private | 581 |
office of a physician or dentist, whether the office is
for an | 582 |
individual or group practice. | 583 |
(v)
"Long-term care facility" means a nursing home, | 591 |
residential care facility, or home
for the aging,
as those terms | 592 |
are defined in section 3721.01 of the Revised Code; an adult care | 593 |
facility, as defined in section 3722.01
of the Revised Code; a | 594 |
nursing facility or intermediate care facility for the mentally | 595 |
retarded, as those terms are defined in section 5111.20 of the | 596 |
Revised Code; a facility or portion of a facility certified as a | 597 |
skilled nursing facility under Title XVIII of the
"Social
Security | 598 |
Act," 49 Stat. 286 (1965), 42 U.S.C.A. 1395, as amended. | 599 |
(7) Nothing in divisions (B)(1) to (6)
of this section | 605 |
affects, or shall be construed as affecting, the immunity from | 606 |
civil liability conferred by section 307.628 or 2305.33 of the | 607 |
Revised Code
upon physicians who report an employee's use of a | 608 |
drug of abuse,
or a condition of an employee other than one | 609 |
involving the use of
a drug of abuse, to the employer of the | 610 |
employee in accordance
with division (B) of that section. As used | 611 |
in division
(B)(7) of this section,
"employee,"
"employer," and | 612 |
"physician" have the same meanings as
in section 2305.33 of the | 613 |
Revised Code. | 614 |
(C) A member of the clergy, rabbi, priest, or regularly | 615 |
ordained,
accredited, or licensed minister of an established and | 616 |
legally
cognizable church, denomination, or sect, when the member | 617 |
of
the clergy,
rabbi, priest, or minister remains accountable to | 618 |
the authority
of that church, denomination, or sect, concerning a | 619 |
confession
made, or any information confidentially communicated, | 620 |
to the
member of the clergy, rabbi, priest, or minister for
a | 621 |
religious counseling purpose in the
member of the clergy's, | 622 |
rabbi's,
priest's, or minister's professional character;
however, | 623 |
the member of the clergy, rabbi, priest, or
minister
may testify | 624 |
by
express consent of the person making the communication, except | 625 |
when the disclosure of the information is in violation of a sacred | 626 |
trust; | 627 |
(F) A person who, if a party, would be restricted
under | 637 |
section 2317.03 of the Revised Code, when the
property or thing is | 638 |
sold or transferred by an executor,
administrator, guardian, | 639 |
trustee, heir, devisee, or legatee,
shall be restricted in the | 640 |
same manner in any action or
proceeding concerning the property or | 641 |
thing. | 642 |
(G)(1) A school guidance counselor who holds a valid | 643 |
educator license from the state board of education as
provided for | 644 |
in section 3319.22 of the Revised Code, a person
licensed under | 645 |
Chapter 4757. of the Revised Code
as a professional clinical | 646 |
counselor, professional counselor,
social worker,
or independent | 647 |
social worker,
marriage and family therapist or independent | 648 |
marriage and family therapist, or registered under Chapter 4757. | 649 |
of the Revised
Code as a
social work assistant concerning a | 650 |
confidential
communication received from a
client in that relation | 651 |
or
the
person's advice to a client unless any of
the following | 652 |
applies: | 653 |
(H) A mediator acting under a mediation order issued under | 687 |
division (A) of section 3109.052 of the Revised Code or otherwise | 688 |
issued in any proceeding for divorce, dissolution, legal | 689 |
separation, annulment, or the allocation of parental rights and | 690 |
responsibilities for the care of children, in any action or | 691 |
proceeding, other than a criminal, delinquency, child abuse,
child | 692 |
neglect, or dependent child action or proceeding, that is
brought | 693 |
by or against either parent who takes part in mediation
in | 694 |
accordance with the order and that pertains to the mediation | 695 |
process, to any information discussed or presented in the | 696 |
mediation process, to the allocation of parental rights and | 697 |
responsibilities for the care of the parents' children, or to the | 698 |
awarding of parenting time rights in relation to their children; | 699 |
(I) A communications assistant, acting within the scope of | 700 |
the communication assistant's authority, when providing | 701 |
telecommunications relay service
pursuant to section 4931.35 of | 702 |
the Revised Code or Title II of
the
"Communications Act of 1934," | 703 |
104 Stat. 366 (1990), 47 U.S.C.
225, concerning a communication | 704 |
made through a telecommunications
relay service.
Nothing in this | 705 |
section shall limit the obligation of a
communications assistant | 706 |
to divulge information or testify when mandated by
federal law or | 707 |
regulation or pursuant to subpoena in a criminal proceeding. | 708 |
(J)(1) A chiropractor in a civil proceeding concerning a | 711 |
communication made to the chiropractor by a patient in that | 712 |
relation or the
chiropractor's advice to a patient, except as | 713 |
otherwise provided in this
division. The testimonial privilege | 714 |
established under this division does not
apply, and a chiropractor | 715 |
may testify or may be compelled
to testify, in any civil action, | 716 |
in accordance with the discovery
provisions of the Rules of Civil | 717 |
Procedure in
connection with a
civil action, or in connection with | 718 |
a claim under Chapter 4123.
of the Revised Code, under any of the | 719 |
following
circumstances: | 720 |
(c) If a medical claim, dental claim, chiropractic
claim, or | 726 |
optometric claim, as defined in section 2305.11 of the
Revised | 727 |
Code, an action for wrongful death, any other type
of
civil | 728 |
action, or a claim under Chapter 4123. of the Revised
Code
is | 729 |
filed by the patient, the personal representative of the
estate of | 730 |
the patient if deceased, or the patient's guardian
or other legal | 731 |
representative. | 732 |
(2) If the testimonial privilege described in division | 733 |
(J)(1) of this section does not apply as provided in division | 734 |
(J)(1)(c) of this section, a chiropractor may be
compelled to | 735 |
testify or to submit to discovery under the Rules of
Civil | 736 |
Procedure only as to a communication made to the
chiropractor by | 737 |
the patient in question in that relation, or the
chiropractor's | 738 |
advice to the
patient in question, that related causally or | 739 |
historically to
physical or mental injuries that are relevant to | 740 |
issues in the
medical claim, dental claim, chiropractic claim, or | 741 |
optometric
claim, action for wrongful death, other civil action, | 742 |
or claim
under Chapter 4123. of the Revised Code. | 743 |
(4) As used in this division,
"communication" means | 748 |
acquiring,
recording, or transmitting any information, in any | 749 |
manner, concerning
any facts, opinions, or statements necessary to | 750 |
enable a chiropractor to
diagnosisdiagnose, treat, or act for a | 751 |
patient.
A
communication may
include, but is not limited to, any | 752 |
chiropractic, office, or
hospital communication such as a record, | 753 |
chart, letter,
memorandum, laboratory test and results, x-ray, | 754 |
photograph,
financial statement, diagnosis, or prognosis. | 755 |
(A)
"Practice of professional counseling" means rendering
or | 757 |
offering to render to individuals, groups, organizations, or
the | 758 |
general public a counseling service involving the application
of | 759 |
clinical counseling principles, methods, or procedures to
assist | 760 |
individuals in achieving more effective personal, social, | 761 |
educational, or career development and adjustment, including the | 762 |
diagnosis and
treatment of mental and emotional disorders. | 763 |
(B)
"Clinical counseling principles, methods, or
procedures" | 764 |
means an approach to counseling that emphasizes the
counselor's | 765 |
role in systematically assisting clients through all
of the | 766 |
following: assessing and analyzing background and current | 767 |
information, diagnosing mental and emotional disorders,
exploring | 768 |
possible solutions, and developing and providing a
treatment plan | 769 |
for mental and emotional adjustment or
development.
"Clinical | 770 |
counseling principles, methods, or
procedures" includes at least | 771 |
counseling, appraisal, consulting,
and referral. | 772 |
(C)
"Practice of social work" means the application of | 773 |
specialized
knowledge of human development and behavior and | 774 |
social, economic,
and cultural systems in directly assisting | 775 |
individuals, families,
and groups in a clinical setting to improve | 776 |
or restore their
capacity for social functioning, including | 777 |
counseling, the
use of psychosocial interventions, and the use of | 778 |
social psychotherapy, which
includes the diagnosis and treatment | 779 |
of mental and emotional disorders. | 780 |
(G)"Marriage and family therapy" means the diagnosis, | 792 |
evaluation,
assessment, counseling, management, and treatment of | 793 |
mental and emotional
disorders, whether cognitive, affective, or | 794 |
behavioral, within the
context of marriage and family systems, | 795 |
through the professional
application of marriage and family | 796 |
therapies and techniques. | 797 |
(H) "Practice of marriage and family therapy" means the | 798 |
diagnosis,
treatment, evaluation, assessment counseling, and | 799 |
management of mental and
emotional disorders, whether cognitive, | 800 |
affective or behavioral,
within the context of marriage and family | 801 |
systems, to individuals,
couples, and families, singly or in | 802 |
groups, whether those services
are offered directly to the general | 803 |
public or through public or
private organizations, for a fee, | 804 |
salary or other consideration
through the professional application | 805 |
of marriage and family
theories, therapies, and techniques, | 806 |
including, but not limited to
psychotherapeutic theories, | 807 |
therapies and techniques that marriage
and family therapists are | 808 |
educated and trained to perform. The
practice of marriage and | 809 |
family therapy does not mean any of the
following: | 810 |
(2) No person shall use the title
"social worker," | 847 |
"independent social worker,"
"social work assistant," or
any other | 848 |
title or description incorporating the words
"social worker" or | 849 |
any
initials used to identify persons acting in those capacities | 850 |
unless
the person is currently authorized by licensure or | 851 |
registration
under this chapter to act in the
capacity indicated | 852 |
by the title or initials. | 853 |
Four of the members shall be individuals licensed under this | 873 |
chapter as
professional clinical counselors or professional | 874 |
counselors. At all times,
the counselor membership shall include | 875 |
at least two licensed professional
clinical counselors, at least | 876 |
one individual who has received a doctoral
degree in counseling | 877 |
from an accredited educational institution recognized by
the board | 878 |
and holds a graduate level teaching position in a counselor | 879 |
education program, and at least two individuals who have received | 880 |
at least a
master's degree in counseling from an accredited | 881 |
educational institution
recognized by the board. | 882 |
Two of the members shall be individuals licensed under this | 883 |
chapter as
independent marriage and family therapists and two | 884 |
shall be individuals
licensed under this chapter as marriage and | 885 |
family therapists or, if the board
has not yet licensed | 886 |
independent marriage and family therapists or marriage
and family | 887 |
therapists, eligible for licensure as independent marriage and | 888 |
family therapists or marriage and family therapists.
They shall | 889 |
have, during the five years preceding appointment, actively | 890 |
engaged
in the practice of marriage and family therapy, in | 891 |
educating and training
master's, doctoral, or postdoctoral | 892 |
students of marriage and family
therapy, or in marriage and family | 893 |
therapy research and, during the two years
immediately
preceding | 894 |
appointment, shall have devoted the majority of their professional | 895 |
time to the activity while residing in this state. | 896 |
Two members shall be individuals licensed under this chapter | 897 |
as independent
social workers. Two members shall be individuals | 898 |
licensed under this chapter
as social workers, at least one of | 899 |
whom must hold a bachelor's or master's
degree in social work from | 900 |
an accredited educational institution recognized by
the board. At | 901 |
all times, the social worker membership shall include one
educator | 902 |
who holds a teaching position in a baccalaureate or master's | 903 |
degree
social work program at an accredited educational | 904 |
institution recognized by the
board. | 905 |
Three members shall be representatives of the general public | 906 |
who have
not practiced professional counseling,marriage and | 907 |
family
therapy, or social work and have not been
involved in the | 908 |
delivery of professional counseling,marriage and
family therapy, | 909 |
or social work
services. At least one of the members representing | 910 |
the general public shall
be at least sixty years of age. During | 911 |
their terms the public
members shall not practice professional | 912 |
counseling,marriage and
family therapy, or social work or be | 913 |
involved in the delivery of professional counseling,marriage and | 914 |
family therapy, or social work
services. | 915 |
Of the initial appointees, three shall be appointed for terms | 920 |
ending
October
10,
1985, four shall be appointed for
terms ending | 921 |
October 10, 1986, and four shall be appointed for
terms ending | 922 |
October 10, 1987.
Of the two initial independent marriage and | 923 |
family therapists appointed to
the board, one shall be appointed | 924 |
for a term ending two years after the
effective date of this | 925 |
amendment and one for a term ending three years after
that date. | 926 |
Of the two initial marriage and family therapists appointed to the | 927 |
board, one shall be appointed for a term ending two years after | 928 |
the effective
date of this amendment and one for a term ending | 929 |
three years after that
date. After the initial
appointments, | 930 |
terms of office shall be three
years, each term ending on the same | 931 |
day of the same month of the
year as did the term that it | 932 |
succeeds. | 933 |
A member shall hold office from the date of appointment until | 934 |
the
end of the term for which the member was appointed. A member | 935 |
appointed to
fill a vacancy occurring prior to the expiration of | 936 |
the term for which the
member's predecessor was appointed
shall | 937 |
hold office for the remainder of that term. A member
shall | 938 |
continue in office after the expiration date of the member's
term | 939 |
until a successor takes office or until a period of sixty days
has | 940 |
elapsed, whichever occurs first. Members may be reappointed, | 941 |
except that if a person has held office for two consecutive full | 942 |
terms,
the person shall not be
reappointed to the board sooner | 943 |
than one year after the
expiration of the second full term as a | 944 |
member of the board. | 945 |
The social workers professional standards committee
consists | 957 |
of the board's independent social worker and social worker
members | 958 |
and one of the members representing the public who is not the | 959 |
member
representing the public on the counselors professional | 960 |
standards committee.
The committee has full
authority to act on | 961 |
behalf of the board on all matters concerning independent
social | 962 |
workers, social workers, and social work assistants. | 963 |
Sec. 4757.05. (A) The counselor
and, social worker,and | 970 |
marriage and family therapist board shall meet as a
whole to | 971 |
discuss and review issues regarding personnel,
budgetary matters, | 972 |
administration, and any other matter pertaining to the
operation | 973 |
of the entire board. The board shall hold at least one regular | 974 |
meeting every three months. Additional
meetings may be held at | 975 |
such times as the board determines, upon
call of the chairperson, | 976 |
or upon the written request of
threefour or more members of the | 977 |
board to the executive
director. If
threefour or
more members so | 978 |
request a meeting, the executive director shall call a meeting
to | 979 |
commence in not more than seven days.
SixEight members of
the | 980 |
board constitute a quorum to conduct business. Except
as provided | 981 |
in section 4757.39 of the Revised Code, no action
shall be taken | 982 |
without the concurrence of at least a quorum. | 983 |
The counselors professional standards committee
and, the | 984 |
social
workers professional standards committee,and the marriage | 985 |
and
family
therapist professional standards committee shall meet | 986 |
as necessary to
fulfill their
duties established by this chapter | 987 |
and the rules adopted under it. Three
members of a committee | 988 |
constitute a quorum for that committee to conduct
business. No | 989 |
action shall be taken without the concurrence of at least a | 990 |
quorum. | 991 |
(B) At its first meeting each year, the board shall elect a | 992 |
chairperson from
among its members. At the first meeting held | 993 |
each year by the board's
professional standards committees, each | 994 |
committee shall elect from among its
members a chairperson. The | 995 |
chairpersons of the committees shall serve as
co-vice-chairpersons | 996 |
of the board. Neither the board nor
either of its
committees | 997 |
shall elect a member to serve more than two consecutive terms in | 998 |
the same office. | 999 |
A statement, signed by the executive director of the board
to | 1020 |
which is affixed the official seal of the board, to the effect | 1021 |
that a person specified in the statement is not currently
licensed | 1022 |
or registered under this chapter or that a license or certificate | 1023 |
of
registration has been
revoked or suspended, shall be received | 1024 |
as prima-facie evidence of
a record of the board in any court or | 1025 |
before any officer of the
state. | 1026 |
Sec. 4757.07. The counselor
and, social worker, and marriage | 1027 |
and family therapist board and its professional
standards | 1028 |
committees shall not discriminate against any licensee, | 1029 |
registrant, or applicant for a license or certificate of | 1030 |
registration under
this chapter because of the person's race, | 1031 |
color, religion, sex, national
origin, disability as defined in | 1032 |
section 4112.01 of the Revised Code,
or age. The board or | 1033 |
committee, as appropriate,
shall afford a hearing to any person | 1034 |
who files with the board or committee a
statement alleging | 1035 |
discrimination based on any of those reasons. | 1036 |
All rules
adopted under this section shall be adopted in | 1056 |
accordance with Chapter 119. of
the Revised Code. When it adopts | 1057 |
rules under this section or any other
section of this chapter, the | 1058 |
board may consider
standards established by any national | 1059 |
association or other organization
representing the interests of | 1060 |
those involved in professional counseling
or,
social work,or | 1061 |
marriage and family therapy.
The board shall adopt a rule defining | 1062 |
the requirement
that an
applicant be of good moral character in | 1063 |
order to be
licensed or registered
under this chapter. | 1064 |
Sec. 4757.11. The counselor
and, social worker,and
marriage | 1065 |
and family therapist board shall establish a code
of ethical | 1066 |
practice for persons licensed under this chapter as professional | 1067 |
clinical counselors or professional counselors. The board shall | 1068 |
establish a code of ethical practice for persons licensed under | 1069 |
this chapter
as independent social workers or social workers
and, | 1070 |
persons
registered under
this chapter as social work assistants, | 1071 |
and persons licensed as
independent marriage and family therapists | 1072 |
or marriage and
family therapists. The codes of ethical practice | 1073 |
shall
be established by adopting rules in accordance with Chapter | 1074 |
119.
of the Revised Code. The codes of ethical practice shall | 1075 |
define
unprofessional conduct, which shall include engaging in a | 1076 |
dual
relationship with a client or former client, committing an | 1077 |
act
of sexual abuse, misconduct, or exploitation of a client or | 1078 |
former client, and, except as permitted by law, violating client | 1079 |
confidentiality. The codes of ethical practice may be based on | 1080 |
any codes of
ethical practice developed
by national
organizations | 1081 |
representing the interests of those
involved in professional | 1082 |
counseling
or, social work, or marriage and family therapy. The | 1083 |
board
may establish standards in its codes of
ethical practice | 1084 |
that are more stringent than those established by
national | 1085 |
organizations. | 1086 |
(1) The name, title, business address, and business | 1103 |
telephone number of the professional clinical counselor, | 1104 |
professional counselor, social work assistant, social worker,
or | 1105 |
independent
social worker,independent marriage and family | 1106 |
therapist, or
marriage and family therapist performing the | 1107 |
services; | 1108 |
(5) At the bottom of the first page of the disclosure | 1117 |
statement, the words,
"thisThis information is
required by the | 1118 |
counselor
and, social worker,and marriage and family
therapist | 1119 |
board, which regulates the practices of
professional counseling | 1120 |
and, social work,and marriage
and family therapy in this state." | 1121 |
and, immediately
beneath those words, the name, address, and | 1122 |
telephone
number of the board. | 1123 |
Sec. 4757.15. The counselor
and, social worker,and
marriage | 1124 |
and family therapist board shall prepare, cause
to be prepared, or | 1125 |
procure the use of, and grade, have graded, or procure the
grading | 1126 |
of, examinations to determine the competence of applicants for | 1127 |
licensure under this chapter. The board may administer separate | 1128 |
examinations
to reflect differences in educational degrees earned | 1129 |
by applicants. The board
may develop the examinations or use | 1130 |
examinations prepared by state or national
organizations that | 1131 |
represent the interests of those involved in professional | 1132 |
counseling
or, social work,or marriage and family
therapy. The | 1133 |
board
shall conduct examinations at least
twice each year and | 1134 |
shall
determine the level of competence necessary for a passing | 1135 |
score. | 1136 |
Sec. 4757.16. (A) A person seeking to be licensed under | 1137 |
this
chapter as a professional clinical
counselor or professional | 1138 |
counselor shall
file with the counselors professional standards | 1139 |
committee of the
counselor
and, social worker,and marriage and | 1140 |
family
therapist board a written
application on a form prescribed | 1141 |
by the board. A person
seeking to be licensed under this chapter | 1142 |
as an independent social worker or
social worker or registered | 1143 |
under this chapter as a social work assistant
shall file with the | 1144 |
social workers professional standards committee of the
board a | 1145 |
written application on a form prescribed by the board.
EachA | 1146 |
person seeking to be licensed under this chapter as an independent | 1147 |
marriage and family therapist or a marriage and family
therapist | 1148 |
shall file with the marriage and family therapist professional | 1149 |
standards committee of the board a written application on a form | 1150 |
prescribed by
the board. | 1151 |
Sec. 4757.17. The professional standards committees of the | 1160 |
counselor
and,
social worker,and marriage and family therapist | 1161 |
board shall
review the
applications of applicants for licensure or | 1162 |
registration under
this chapter who have received a
post-secondary | 1163 |
degree from an educational institution outside the
United States. | 1164 |
The committee reviewing
the application shall determine whether | 1165 |
the applicant's
experience, command of the English language, and | 1166 |
completed
academic program meet the standards of an academic | 1167 |
program of an
accredited educational institution. If they do, the | 1168 |
applicant
shall be considered to have received the education from | 1169 |
an
accredited educational institution as required by this chapter | 1170 |
and rules adopted under it. | 1171 |
Sec. 4757.18. The counselor
and, social worker,and
marriage | 1172 |
and family therapist board
may enter into a reciprocal agreement | 1173 |
with any state that
regulates individuals practicing in the same | 1174 |
capacities as those
regulated under this chapter if the board | 1175 |
finds that the state
has requirements substantially equivalent to | 1176 |
the
requirements this state has for receipt of a license or | 1177 |
certificate of registration under this chapter. In a reciprocal | 1178 |
agreement, the board agrees to issue the appropriate license or | 1179 |
certificate of registration to any resident of the other state | 1180 |
whose practice is currently authorized by that state if that | 1181 |
state's regulatory body agrees to authorize the appropriate | 1182 |
practice of any resident of this state who holds a valid license | 1183 |
or certificate of registration issued under this chapter. | 1184 |
The professional standards committees of the board may,
by | 1185 |
endorsement, issue the appropriate license or certificate of | 1186 |
registration to a resident of a state with which the board does | 1187 |
not have a reciprocal agreement, if the person submits proof | 1188 |
satisfactory to the committee of currently being licensed, | 1189 |
certified, registered, or otherwise authorized to practice by
that | 1190 |
state. | 1191 |
Sec. 4757.22. (A) The counselors professional standards | 1198 |
committee of the counselor
and, social worker,and
marriage and | 1199 |
family therapist board shall issue a license
to practice as a | 1200 |
professional clinical counselor
to each applicant who submits a | 1201 |
properly completed application, pays the fee
established under | 1202 |
section 4757.31 of the Revised Code, and meets the
requirements | 1203 |
specified in division (B) of this section. | 1204 |
Sec. 4757.23. (A) The counselors professional standards | 1269 |
committee of the
counselor
and, social worker,and marriage and | 1270 |
family
therapist board shall issue a license as a professional | 1271 |
counselor to each applicant who submits a properly completed | 1272 |
application, pays
the fee established under section 4757.31 of the | 1273 |
Revised
Code, and meets the requirements established under | 1274 |
division (B) of this section. | 1275 |
Sec. 4757.27. (A) The social workers professional standards | 1313 |
committee of the counselor
and, social worker,and
marriage and | 1314 |
family therapist board
shall issue a license as an independent | 1315 |
social worker to each applicant who
submits a properly completed | 1316 |
application, pays the fee established under
section 4757.31 of the | 1317 |
Revised Code, and meets the requirements specified in
division (B) | 1318 |
of this section. An independent social worker license shall | 1319 |
clearly indicate each academic degree earned by the person to whom | 1320 |
it has been
issued. | 1321 |
Sec. 4757.28. (A) The social workers professional standards | 1343 |
committee of the
counselor
and, social worker,and marriage and | 1344 |
family
therapist board shall issue a
license as a social worker to | 1345 |
each applicant who
submits a properly completed application, pays | 1346 |
the fee
established under section 4757.31 of the Revised Code, and | 1347 |
meets the
requirements specified in division (B) of this section. | 1348 |
A social worker
license shall clearly indicate each academic | 1349 |
degree earned by the person to
whom it is issued. | 1350 |
(C) The committee may issue a temporary license to an | 1364 |
applicant who
meets all of the requirements to be licensed under | 1365 |
this section, pending the
receipt of transcripts or action by the | 1366 |
committee to issue a license as a
social worker. However, the | 1367 |
committee may issue a temporary license to an
applicant who | 1368 |
provides the board with a statement from the applicant's
academic | 1369 |
institution indicating that the applicant is in good standing with | 1370 |
the institution, that the applicant has met the academic | 1371 |
requirements for the
applicant's degree, and the date the | 1372 |
applicant will receive the applicant's
degree. | 1373 |
Sec. 4757.29. (A) The social workers professional standards | 1380 |
committee of
the counselor
and, social worker,and marriage and | 1381 |
family therapist board shall
issue a certificate of registration | 1382 |
as a social work
assistant to each applicant who submits a | 1383 |
properly completed application,
pays the fee established under | 1384 |
section 4757.31 of the Revised Code, is of good
moral character, | 1385 |
and holds from an accredited educational institution an
associate | 1386 |
degree in social service technology or a bachelor's degree that is | 1387 |
equivalent to an associate degree in social service technology or | 1388 |
a related
bachelor's or higher degree that is approved by the | 1389 |
committee. | 1390 |
(B) On and after
the effective date of this sectionMarch | 1391 |
18, 1997, a counselor assistant
certificate of registration issued | 1392 |
under former section 4757.08 of the
Revised Code shall be | 1393 |
considered a
certificate of registration as a social work | 1394 |
assistant. The
holder of the certificate is subject to the | 1395 |
supervision
requirements specified in section 4757.26 of the | 1396 |
Revised Code, the continuing education
requirements specified in | 1397 |
section 4757.33 of the Revised
Code, and regulation by the
social | 1398 |
workers professional standards committee. On the first
renewal | 1399 |
occurring after
the effective date of this sectionMarch18, 1997, | 1400 |
the
committee shall issue a certificate of registration as a | 1401 |
social
work assistant to each former counselor assistant who | 1402 |
qualifies
for renewal. | 1403 |
(C) The social workers
professional standards committee | 1404 |
shall issue a certificate of
registration as a social work | 1405 |
assistant to any person who, on or
before
one year after the | 1406 |
effective date of this sectionMarch18, 1998, meets
the | 1407 |
requirements for a certificate of registration as a
counselor | 1408 |
assistant pursuant to division
(A)(3) of former section 4757.08 of | 1409 |
the Revised
Code, submits a properly completed application, pays | 1410 |
the fee
established under section
4757.31 of the Revised Code, and | 1411 |
is of good moral
character. | 1412 |
(B) To be accepted by the committee for purposes of division | 1435 |
(A)(3)(b) of this section, marriage and family therapist training | 1436 |
must include instruction in at least the following: research, | 1437 |
professional ethics, marriage and family studies, marriage and | 1438 |
family therapy, human development, diagnosis of individuals and | 1439 |
appraisal of
families, and systems theory. | 1440 |
(C) The board shall, after reviewing the report submitted | 1441 |
to
it
by the marriage and family therapist professional standards | 1442 |
committee, issue
a license as an independent marriage and family | 1443 |
therapist to a person who
meets all of the requirements of | 1444 |
division (A) of this section and,
after meeting the requirements | 1445 |
under division (A)(3) of this section,
completes at least
two | 1446 |
calendar years of work experience in marriage and
family
therapy, | 1447 |
including one thousand hours of documented client contact
in | 1448 |
marriage and family therapy. Two hundred hours of the one | 1449 |
thousand hours must
be supervised by a supervisor whose training | 1450 |
and experience meets standards established by the board in rules | 1451 |
adopted under section 4757.10 of the Revised Code and one
hundred | 1452 |
hours of the two hundred hours
of supervision must be
individual | 1453 |
supervision. | 1454 |
Sec. 4757.301. On receipt of an application for a license as | 1485 |
a marriage
and family therapist, the counselor, social worker, and | 1486 |
marriage and family
therapist board may issue a temporary license | 1487 |
to
an individual who qualifies under rules adopted by the board | 1488 |
pursuant to section 4757.10 of the Revised Code.
The temporary | 1489 |
license
allows the holder to engage
in the supervised practice of | 1490 |
marriage and family therapy and
is valid from the
date of issuance | 1491 |
until the earlier of one year from that
date, the
date the | 1492 |
applicant withdraws from taking the examination, the date
the | 1493 |
applicant is notified that the applicant failed the
examination, | 1494 |
or the
date the applicant's license is issued under
section | 1495 |
4757.30 of the Revised Code. A
temporary license may not
be | 1496 |
renewed. | 1497 |
(2) Initial licenses of professional clinical counselors, | 1506 |
professional
counselors,
marriage and family therapists, | 1507 |
independent marriage and family
therapists, social workers, and | 1508 |
independent social workers, except
that the board shall
charge | 1509 |
only one fee to a person who fulfills all requirements for
both | 1510 |
more than one of the following initial licenses: an
initial | 1511 |
license as a social worker or independent social
worker
and, an | 1512 |
initial license as a professional counselor or
professional | 1513 |
clinical counselor,and an initial license as a
marriage and | 1514 |
family therapist or independent marriage and family
therapist; | 1515 |
(B) The fees charged under division (A)(1) of
this section | 1523 |
shall be established in amounts sufficient to cover the direct | 1524 |
expenses incurred in examining applicants for licensure. The fees | 1525 |
charged
under divisions (A)(2), (3), and
(4) of this section shall | 1526 |
be nonrefundable and shall be established in
amounts sufficient to | 1527 |
cover the necessary expenses in
administering this chapter and | 1528 |
rules adopted under it that are
not covered by fees charged under | 1529 |
division (A)(1) or
(C) of this section. The renewal fee for a | 1530 |
license or certificate
of registration shall not be less than the | 1531 |
initial fee for that license or
certificate. The fees charged for | 1532 |
licensure and registration and
the renewal of licensure and | 1533 |
registration may differ for the various types of licensure and | 1534 |
registration, but shall not exceed
seventy-fiveone hundred | 1535 |
twenty-five dollars each,
unless
the board determines that amounts | 1536 |
in excess of
seventy-fiveone hundred twenty-five
dollars are | 1537 |
needed to cover its necessary expenses in
administering this | 1538 |
chapter and rules adopted under it and the
amounts in excess of | 1539 |
seventy-fiveone hundred twenty-five dollars are approved by the | 1540 |
controlling board. | 1541 |
Subject to section 4757.36 of the Revised Code,
the staff of | 1551 |
the appropriate professional standards committee of the
counselor | 1552 |
and, social worker,and marriage and family
therapist board shall, | 1553 |
on behalf of each committee,
issue a renewed license or | 1554 |
certificate of registration to each
applicant who has paid the | 1555 |
renewal fee established by the board
under section 4757.31 of the | 1556 |
Revised Code and
satisfied the continuing education requirements | 1557 |
established by
the board under section 4757.33 of the Revised | 1558 |
Code. | 1559 |
A license or certificate of registration that is not renewed | 1560 |
lapses on its
expiration date. A license or certificate of | 1561 |
registration that has lapsed may
be restored if
the individual, | 1562 |
not later than two years after the license or certificate
expired, | 1563 |
applies for restoration of the license or certificate. The staff | 1564 |
of
the appropriate professional standards committee shall issue a | 1565 |
restored
license or certificate of registration to the applicant | 1566 |
if the applicant pays
the renewal fee established under section | 1567 |
4757.31 of the Revised Code and
satisfies the continuing
education | 1568 |
requirements established under section 4757.33 of the Revised Code | 1569 |
for restoring the license or certificate of registration. The | 1570 |
board and its
professional standards committees shall not require | 1571 |
a person to take an
examination as a condition of having a lapsed | 1572 |
license or certificate of
registration restored. | 1573 |
Sec. 4757.33. (A) Except as provided in division (B) of | 1574 |
this section, each person who holds a license or certificate of | 1575 |
registration
issued under this chapter shall complete during the | 1576 |
period that the license or
certificate is in effect not less than | 1577 |
thirty clock hours of continuing
professional education as a | 1578 |
condition of receiving a renewed license or
certificate. To have | 1579 |
a lapsed license or certificate of registration
restored, a person | 1580 |
shall complete the number of hours of continuing education | 1581 |
specified by the counselor
and, social worker,and
marriage and | 1582 |
family therapist board in rules it shall adopt in
accordance with | 1583 |
Chapter 119. of the Revised Code. | 1584 |
In the case of a social worker licensed by virtue of | 1596 |
receiving, prior to
October 10, 1992, a baccalaureate degree in a | 1597 |
program closely related
to social work, as a condition of the | 1598 |
first renewal of the license, the social
worker must complete at | 1599 |
an accredited educational institution a minimum of
five semester | 1600 |
hours of social work graduate or undergraduate credit, or their | 1601 |
equivalent, that is acceptable to the committee and includes a | 1602 |
course in
social work theory and a course in social work methods. | 1603 |
Sec. 4757.34. Not later than ninety days after
the effective | 1604 |
date of this
sectionDecember 9, 1994, the counselor
and, social | 1605 |
worker,and marriage and family
therapist board shall approve one | 1606 |
or more
continuing education courses of study that assist social | 1607 |
workers, independent
social workers, social work assistants, | 1608 |
independent marriage and family
therapists, marriage and family | 1609 |
therapists, professional clinical
counselors, and professional | 1610 |
counselors in recognizing the signs of
domestic violence and its | 1611 |
relationship
to child abuse. Social workers, independent social | 1612 |
workers, social work
assistants,
independent marriage and family | 1613 |
therapists, marriage and family
therapists, professional clinical | 1614 |
counselors, and professional
counselors are not required to take | 1615 |
the courses. | 1616 |
Sec. 4757.36. (A) The professional
standards committees of | 1617 |
the counselor
and, social worker,and marriage and family | 1618 |
therapist board,
in accordance with Chapter 119. of the Revised | 1619 |
Code, may refuse to
issue a license or certificate of registration | 1620 |
applied for under this
chapter; refuse
to renew a license or | 1621 |
certificate of registration issued under this chapter;
suspend, | 1622 |
revoke, or otherwise restrict a license or certificate of | 1623 |
registration issued under this chapter; or reprimand a person | 1624 |
holding a
license or certificate of registration issued under this | 1625 |
chapter. Such
actions may be taken by the appropriate committee | 1626 |
if the applicant for a
license or certificate of registration or | 1627 |
the person holding a license or
certificate of registration has: | 1628 |
(3) Accepted a commission or rebate for referring persons
to | 1634 |
any professionals licensed, certified, or registered by any
court | 1635 |
or board, commission, department, division, or other agency
of the | 1636 |
state, including, but not limited to, individuals practicing | 1637 |
counseling
or, social work,or marriage and family therapy or | 1638 |
practicing in
fields related to counseling
or, social work,or | 1639 |
marriage and family therapy; | 1640 |
Sec. 4757.361. (A) As used in this section, with regard to | 1675 |
offenses committed in Ohio, "aggravated murder," "murder," | 1676 |
"voluntary manslaughter," "felonious assault," "kidnapping," | 1677 |
"rape," "sexual battery," "gross sexual imposition," "aggravated | 1678 |
arson," "aggravated robbery," and "aggravated burglary" mean such | 1679 |
offenses as defined in Title XXIX of the Revised Code; with regard | 1680 |
to offenses committed in other jurisdictions, the terms mean | 1681 |
offenses comparable to offenses defined in Title XXIX of the | 1682 |
Revised Code. | 1683 |
(B) When there is clear and convincing evidence that | 1684 |
continued practice by an individual licensed under this chapter | 1685 |
presents a danger of immediate and serious harm to the public, as | 1686 |
determined on consideration of the evidence by the professional | 1687 |
standards committees of the counselor, social worker, and marriage | 1688 |
and family therapist board, the appropriate committee shall impose | 1689 |
on the individual a summary suspension without a hearing. | 1690 |
Immediately following the decision to impose a summary | 1691 |
suspension, the appropriate committee shall issue a written order | 1692 |
of suspension and cause it to be delivered by certified mail or in | 1693 |
person in accordance with section 119.07 of the Revised Code. The | 1694 |
order shall not be subject to suspension by the court during the | 1695 |
pendency of any appeal filed under section 119.12 of the Revised | 1696 |
Code. If the individual subject to the suspension requests an | 1697 |
adjudication, the date set for the adjudication shall be within | 1698 |
fifteen days but not earlier than seven days after the individual | 1699 |
makes the request, unless another date is agreed to by both the | 1700 |
individual and the committee imposing the suspension. The summary | 1701 |
suspension shall remain in effect, unless reversed by the | 1702 |
committee, until a final adjudication order issued by the | 1703 |
committee pursuant to this section and Chapter 119. of the Revised | 1704 |
Code becomes effective. | 1705 |
(C) The license issued to an individual under this chapter | 1711 |
is automatically suspended on that individual's conviction of, | 1712 |
plea of guilty to, or judicial finding with regard to any of the | 1713 |
following: aggravated murder, murder, voluntary manslaughter, | 1714 |
felonious assault, kidnapping, rape, sexual battery, gross sexual | 1715 |
imposition, aggravated arson, aggravated robbery, or aggravated | 1716 |
burglary. The suspension shall remain in effect from the date of | 1717 |
the conviction, plea, or finding until an adjudication is held | 1718 |
under Chapter 119. of the Revised Code. If the appropriate | 1719 |
committee has knowledge that an automatic suspension has occurred, | 1720 |
it shall notify the individual subject to the suspension. If the | 1721 |
individual is notified and either fails to request an adjudication | 1722 |
within the time periods established by Chapter 119. of the Revised | 1723 |
Code or fails to participate in the adjudication, the committee | 1724 |
shall enter a final order permanently revoking the person's | 1725 |
license or certificate. | 1726 |
Sec. 4757.38. The counselor
and, social worker,and
marriage | 1727 |
and family therapist board shall investigate
alleged violations of | 1728 |
this chapter or the rules adopted under it and alleged | 1729 |
irregularities in the delivery of services related to professional | 1730 |
counseling
or, social work,or marriage and family therapy by | 1731 |
persons licensed or
registered under this chapter. As part
of its | 1732 |
conduct of an investigation, the board may issue subpoenas, | 1733 |
examine
witnesses, and administer oaths. | 1734 |
Sec. 4757.43. Nothing in this chapter or the rules adopted | 1746 |
under it shall
be construed as authorizing a professional clinical | 1747 |
counselor, professional
counselor,
independent marriage and family | 1748 |
therapist, marriage and family
therapist, independent social | 1749 |
worker,
social worker, or social work assistant to admit a patient | 1750 |
to a hospital or as
requiring a hospital to allow any of those | 1751 |
individuals to admit a patient. | 1752 |
Section 2. That existing sections 125.22, 2151.421, 2317.02, | 1762 |
4757.01,
4757.02, 4757.03, 4757.04,
4757.05, 4757.06,
4757.07, | 1763 |
4757.10, 4757.11, 4757.12,
4757.15, 4757.16, 4757.17,
4757.18, | 1764 |
4757.19, 4757.22, 4757.23, 4757.27,
4757.28, 4757.29,
4757.31, | 1765 |
4757.32, 4757.33, 4757.34, 4757.36, 4757.38, and
4757.43
of the | 1766 |
Revised Code are hereby repealed. | 1767 |
Section 3. Within ninety days after the effective date of | 1768 |
this section, the
Governor shall appoint the initial marriage and | 1769 |
family therapist
and independent marriage and family therapist | 1770 |
members of the Counselor, Social
Worker, and Marriage and Family | 1771 |
Therapist Board, in accordance with
section 4757.03 of the Revised | 1772 |
Code, as
amended by this act. Such an appointee is not required, | 1773 |
at the time of
appointment, to be licensed as a marriage and | 1774 |
family therapist or independent
marriage and family therapist. | 1775 |
However, the
appointee may remain a board member only if the | 1776 |
appointee becomes licensed as
a marriage and family therapist or | 1777 |
independent marriage and family therapist,
as appropriate for the | 1778 |
member's appointment, within one year of the effective
date of | 1779 |
this section. | 1780 |